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State v. Moore

April 03, 1998

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
HUSSAN MOORE, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County.

Before Judges Baime, Wefing and Braithwaite.

The opinion of the court was delivered by: Braithwaite, J.A.D.

Argued: March 4, 1998

Following a jury trial, defendant was convicted of aggravated assault, N.J.S.A. 2C:12-1b(1), and unlawful possession of a handgun, N.J.S.A. 2C:39-5b. He was sentenced to a seven- year custodial term with a three-year parole disqualifier on the aggravated assault conviction, and to a concurrent four-year custodial term on the possession of a handgun conviction. He now appeals and contends:

POINT I

THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING TO GIVE THE JURY AN INSTRUCTION ON SELF- DEFENSE TO THE CHARGE OF AGGRAVATED ASSAULT AS REQUESTED BY THE DEFENDANT.

A. The Confrontation. B. The Struggle For The Gun.

POINT II

THE COURT ERRED IN NOT ALLOWING DEFENDANT TO CROSS- EXAMINE THE VICTIM CONCERNING HIS JUVENILE RECORD AND STATE'S WITNESS ARCHIE CROOKS CONCERNING THE NATURE OF THE JUVENILE CHARGES HE WAS FACING.

A. The Court Erred In Precluding The Defense From Cross-Examining The Victim Concerning His Juvenile Record.

B. The Trial Court Erred in Denying Defendant The Right To Cross-Examine State's Witness Archie Crooks About the Nature of the Juvenile Charges Pending Against Him.

POINT III

THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING TO SPECIFICALLY CHARGE ...


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